State v. Phillips

STOCKARD, Commissioner.

Raymond H. Phillips was charged under the Second Offender Act with burglary, second degree, and found guilty by a jury. He was then sentenced by the court to imprisonment for a term of ten years, and he has appealed. The only contention is that the evidence was not sufficient to sustain a judgment of conviction, and the real basis of this contention is that the evidence was not sufficient to authorize a finding that defendant participated in the burglary.

There is no question but that early in the morning of June 21, 1968, the IGA Food-liner, located in the Northview…